S.B. No. 155
 
 
 
 
AN ACT
  relating to the regulation of chemical dependency counselors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 504.001, Occupations Code, is amended to
  read as follows:
         Sec. 504.001.  DEFINITIONS.  In this chapter:
               (1)  "Certified clinical supervisor" means a person
  certified in accordance with Section 504.1521.
               (2)  "Chemical dependency counseling" means assisting
  an individual or group to:
                     (A)  develop an understanding of chemical
  dependency problems;
                     (B)  define goals; and
                     (C)  plan action reflecting the individual's or
  group's interest, abilities, and needs as affected by claimed or
  indicated chemical dependency problems.
               (3) [(2)]  "Chemical dependency counselor" means a
  person licensed under this chapter.
               (4)  "Clinical training institution" means a person
  registered with the department in accordance with Section 504.1521
  to supervise a counselor intern.
               (5)  "Commissioner" means the commissioner of state
  health services [(3)     "Commission" means the Texas Commission on
  Alcohol and Drug Abuse].
               (6) [(3-a)]  "Counselor intern" means a person
  registered with the department [commission] in accordance with
  Section 504.1515.
               (7)  "Department" means the Department of State Health
  Services.
               (8)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (9)  "Peer assistance program" means a program approved
  by the department under Section 504.057.
               (10) [(4)     "Executive director" means the executive
  director of the Texas Commission on Alcohol and Drug Abuse.
               [(5)]  "Person" means an individual, corporation,
  partnership, association, or other business or professional
  entity.
               (11) [(6)]  "Practice of chemical dependency
  counseling" means providing or offering to provide chemical
  dependency counseling services involving the application of the
  principles, methods, and procedures of the chemical dependency
  counseling profession.
         SECTION 2.  Subsection (b), Section 504.002, Occupations
  Code, is amended to read as follows:
         (b)  This chapter does not apply to an activity or service of
  a person who:
               (1)  is employed as a counselor by a federal
  institution and is providing chemical dependency counseling within
  the scope of the person's employment;
               (2)  except as provided by Section 504.1515 [504.057],
  is a student, intern, or trainee pursuing a supervised course of
  study in counseling at a regionally accredited institution of
  higher education or training institution, if the person:
                     (A)  is designated as a "counselor intern"; and
                     (B)  is engaging in the activity or providing the
  service as part of the course of study;
               (3)  is not a resident of this state, if the person:
                     (A)  engages in the activity or provides the
  service in this state for not more than 30 days during any year; and
                     (B)  is authorized to engage in the activity or
  provide the service under the law of the state of the person's
  residence;
               (4)  is a licensed physician, psychologist,
  professional counselor, or social worker;
               (5)  is a religious leader of a congregation providing
  pastoral chemical dependency counseling within the scope of the
  person's duties;
               (6)  is working for or providing counseling with a
  program exempt under Subchapter C, Chapter 464, Health and Safety
  Code; or
               (7)  is a school counselor certified by the State Board
  for Educator Certification.
         SECTION 3.  Subchapters B and C, Chapter 504, Occupations
  Code, are amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT [TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]
         Sec. 504.051.  GENERAL POWERS AND DUTIES OF EXECUTIVE
  COMMISSIONER [COMMISSION].  The executive commissioner
  [commission] shall:
               (1)  adopt [and enforce] rules as necessary for the
  performance of its duties under this chapter;
               (2)  establish standards of conduct and ethics for
  persons licensed under this chapter; and
               (3)  establish any additional criteria for peer
  assistance programs for chemical dependency counselors that the
  executive commissioner determines necessary [ensure strict
  compliance with and enforcement of this chapter].
         Sec. 504.0515.  GENERAL POWERS AND DUTIES OF DEPARTMENT.
  The department shall:
               (1)  enforce rules as necessary for the performance of
  its duties under this chapter; and
               (2)  ensure strict compliance with and enforcement of
  this chapter.
         Sec. 504.052.  DISCRIMINATION PROHIBITED.  In taking an
  action or making a decision under this chapter, the executive
  commissioner, commissioner, and department [commission] shall do
  so without regard to the sex, race, religion, national origin,
  color, or political affiliation of the person affected. For
  purposes of this section, taking an action or making a decision
  under this chapter includes:
               (1)  considering a license application;
               (2)  conducting an examination;
               (3)  adopting or enforcing a rule; and
               (4)  conducting a disciplinary proceeding.
         Sec. 504.053.  FEES; ACCOUNT.  (a)  The executive
  commissioner [commission] shall set application, examination,
  license renewal, and other fees in amounts sufficient to cover the
  costs of administering this chapter. The amount of the license
  renewal fee may not exceed $200.
         (b)  General revenue taxes may not be used to administer this
  chapter.
         Sec. 504.054.  COLLECTION ACTION.  A district court in
  Travis County has exclusive jurisdiction of an action to collect an
  obligation owed to the department [commission], including an
  administrative penalty assessed under Subchapter G.
         Sec. 504.055.  OFFICIAL ROSTER.  (a)  The department
  [commission] may prepare and publish a roster showing the name and
  address, as reflected by the department's [commission's] records,
  of each chemical dependency counselor.
         (b)  If the department [commission] publishes a roster under
  this section, the department [commission] shall mail a copy of the
  roster to each person licensed by the department [commission] and
  shall file a copy of the roster with the secretary of state.
         (c)  A person's name and address may appear in the roster
  only if each fee assessed against the person under this chapter is
  current and paid in full at the time the roster is sent to the
  printer or publisher.
         (d)  The department [commission] may charge a fee for the
  roster published under this section.
         Sec. 504.056.  RULES RESTRICTING ADVERTISING OR COMPETITIVE
  BIDDING.  (a)  The executive commissioner [commission] may not
  adopt a rule restricting advertising or competitive bidding by a
  person regulated by the department [commission] under this chapter
  except to prohibit a false, misleading, or deceptive practice.
         (b)  The executive commissioner [commission] may not include
  in rules adopted under this chapter a rule that:
               (1)  restricts the person's use of any advertising
  medium;
               (2)  restricts the person's personal appearance or use
  of the person's voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the person; or
               (4)  restricts the person's advertisement under a trade
  name.
         Sec. 504.057.  APPROVAL OF PEER ASSISTANCE PROGRAMS.  
  (a)  The department shall approve one or more peer assistance
  programs established by the department or a professional
  association in accordance with Chapter 467, Health and Safety Code,
  from which persons licensed under this chapter may seek assistance.
         (b)  The department shall approve a peer assistance program
  that:
               (1)  meets the minimum criteria established by the
  executive commissioner or department under Chapter 467, Health and
  Safety Code;
               (2)  meets any additional criteria established by the
  executive commissioner or department for chemical dependency
  counselors licensed under this chapter; and
               (3)  is designed to assist a chemical dependency
  counselor whose ability to perform a professional service is
  impaired by abuse of or dependency on drugs or alcohol.
         (c)  The department shall maintain a list of approved peer
  assistance programs for licensed chemical dependency counselors on
  the department's Internet website.
  SUBCHAPTER C.  PUBLIC INTEREST INFORMATION AND
  COMPLAINT PROCEDURES
         Sec. 504.101.  CONSUMER INTEREST INFORMATION.  (a)  The
  department [commission] shall prepare information of consumer
  interest describing the regulatory functions of the department
  [commission] and the procedures by which consumer complaints are
  filed with and resolved by the department [commission].
         (b)  The department [commission] shall make the information
  available to the public and appropriate state agencies.
         Sec. 504.102.  CONSUMER INFORMATION FOR FILING COMPLAINTS.  
  Each person licensed under this chapter shall display prominently
  at all times in the person's place of business a sign containing:
               (1)  the name, mailing address, and telephone number of
  the department [commission]; and
               (2)  a statement informing a consumer that a complaint
  against a person licensed under this chapter may be directed to the
  department [commission].
         Sec. 504.103.  RECORDS OF COMPLAINTS.  (a)  The department
  [commission] shall keep information about each complaint filed with
  the department [commission]. The information must include:
               (1)  the date the complaint is received;
               (2)  the name of the complainant;
               (3)  the subject matter of the complaint;
               (4)  a record of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  for a complaint for which the department
  [commission] took no action, an explanation of the reason the
  complaint was closed without action.
         (b)  The department [commission] shall keep an information
  file about each complaint filed with the department [commission]
  that the department [commission] has authority to resolve.
         (c)  The department [commission], at least quarterly and
  until final disposition of the complaint, shall notify the person
  filing the complaint and each person or entity that is the subject
  of the complaint of the status of the complaint unless the notice
  would jeopardize an undercover investigation.
         SECTION 4. Subchapter D, Chapter 504, Occupations Code, is
  amended by adding Section 504.1511 to read as follows:
         Sec. 504.1511.  OTHER CERTIFICATIONS INCLUDED ON LICENSE.  A
  license issued under this chapter must include an area on which a
  license holder may apply an adhesive label issued by the Texas
  Certification Board of Addiction Professionals with the
  designation and expiration date of any other related certification
  held by the license holder that is approved by the International
  Certification Reciprocity Consortium or another entity approved by
  the department.
         SECTION 5.  Sections 504.1515 and 504.152, Occupations Code,
  are amended to read as follows:
         Sec. 504.1515.  COUNSELOR INTERNS.  (a)  A person seeking a
  license as a chemical dependency counselor shall register with the
  department [commission] as a counselor intern by submitting, in a
  form acceptable to the department [commission], the following:
               (1)  an application fee and a background investigation
  fee;
               (2)  a completed, signed, dated, and notarized
  application on a form prescribed by the department [commission];
               (3)  a recent full-face wallet-sized photograph of the
  applicant;
               (4)  two sets of fingerprints completed in accordance
  with department [commission] instructions on cards issued by the
  department [commission];
               (5)  documentation verifying the applicant
  successfully completed:
                     (A)  270 total hours of approved curricula
  described by Section 504.152(3)(A); and
                     (B)  300 hours of approved supervised field work
  practicum described by Section 504.152(3)(C); and
               (6)  documentation verifying the applicant received a
  high school diploma or its equivalent.
         (b)  The department [commission] may obtain criminal history
  record information relating to a counselor intern or an applicant
  for registration as a counselor intern from the Department of
  Public Safety and the Federal Bureau of Investigation.
         Sec. 504.152.  ELIGIBILITY REQUIREMENTS.  (a)  To be
  eligible for a license under this chapter, a person must:
               (1)  be at least 18 years of age;
               (2)  hold an associate degree or a more advanced
  degree;
               (3)  have completed:
                     (A)  135 hours, or nine semester hours, specific
  to substance abuse disorders and treatment and an additional 135
  hours, or nine semester hours, specific or related to chemical
  dependency counseling;
                     (B)  4,000 hours of approved supervised
  experience working with chemically dependent persons; and
                     (C)  300 hours of approved supervised field work
  practicum;
               (4)  provide two letters of reference from chemical
  dependency counselors;
               (5)  pass a written examination approved by the
  department [commission];
               (6)  submit a case presentation to the test
  administrator;
               (7)  pass an oral examination approved by the
  department [commission];
               (8)  be determined by the department [commission] to be
  worthy of the public trust and confidence;
               (9)  successfully complete the chemical dependency
  counselor examination under Section 504.156; [and]
               (10)  sign a written agreement to comply with the
  standards of ethics approved by the department; and
               (11)  provide to the department written assurance that
  the applicant has access to a peer assistance program [commission].
         (b)  The department may waive the requirement under
  Subsection (a)(11) if the department determines that a peer
  assistance program is not reasonably available to the license
  holder.
         SECTION 6.  Subchapter D, Chapter 504, Occupations Code, is
  amended by adding Section 504.1521 to read as follows:
         Sec. 504.1521.  SUPERVISED WORK EXPERIENCE.  (a)  A
  counselor intern shall obtain the supervised work experience
  required under Section 504.152 that is obtained in this state at a
  clinical training institution or under the supervision of a
  certified clinical supervisor.
         (b)  The executive commissioner shall adopt rules necessary
  to:
               (1)  register clinical training institutions that meet
  the criteria established by the executive commissioner,
  commissioner, or department to protect the safety and welfare of
  the people of this state; and
               (2)  certify clinical supervisors who hold
  certification credentials approved by the department or by a person
  designated by the department, such as the International
  Certification and Reciprocity Consortium or another person that
  meets the criteria established by the executive commissioner,
  commissioner, or department to protect the safety and welfare of
  the people of this state.
         SECTION 7.  Sections 504.1525, 504.153, and 504.155,
  Occupations Code, are amended to read as follows:
         Sec. 504.1525.  CERTAIN GROUNDS FOR LICENSE, REGISTRATION,
  OR CERTIFICATION REFUSAL; EXCEPTION.  (a)  Except as provided by
  Subsection (b), the department [The commission] may not issue a
  license, registration, or certification under this chapter to an
  applicant who has been:
               (1)  convicted or placed on community supervision
  during the five years preceding the date of application in any
  jurisdiction for an offense equal to a Class B misdemeanor
  specified by executive commissioner [commission] rule;
               (2)  convicted or placed on community supervision in
  any jurisdiction for an offense equal to or greater than a Class A
  misdemeanor specified by executive commissioner [commission] rule;
  or
               (3)  found to be incapacitated by a court on the basis
  of a mental defect or disease.
         (b)  The department may issue a license to a person convicted
  or placed on community supervision in any jurisdiction for a drug or
  alcohol offense described by Subsection (a)(1) or (2) if the
  department determines that the applicant has successfully
  completed participation in an approved peer assistance program.
         (c)  Subsection (a) does not apply to an applicant who has,
  with respect to Subsection (a)(1) or (2), received a full pardon
  based on the person's wrongful conviction or, with respect to
  Subsection (a)(3), been found by a court to no longer be
  incapacitated.
         Sec. 504.153.  ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF
  LICENSE REQUIREMENT SATISFACTION.  (a)  An applicant is exempt from
  the requirements of Sections 504.152(3)(A) and (C) if the applicant
  holds a baccalaureate degree or a more advanced degree in:
               (1)  chemical dependency counseling; or
               (2)  psychology, sociology, or any other related
  program approved by the department [commission].
         (b)  On presentation of documentation by an applicant who
  holds a degree described by Subsection (a), the department
  [commission] may waive any portion of the requirement established
  by Section 504.152(3)(B) that the department [commission]
  determines has been satisfied as evidenced by the documentation.
         Sec. 504.155.  LICENSE APPLICATION.  (a)  An application for
  a license under this chapter must:
               (1)  be on a form prescribed and furnished by the
  department [commission]; and
               (2)  contain a statement made under oath of the
  applicant's education, experience, and other qualifications
  established by the department [commission] as required for a
  license under this chapter.
         (b)  The department [commission] may require additional
  information regarding the quality, scope, and nature of the
  experience and competence of the applicant if the department
  [commission] determines that a person's application lacks
  sufficient information for consideration by the department
  [commission].
         (c)  The department [commission] may obtain criminal history
  record information relating to an applicant for a license under
  this chapter from the Department of Public Safety and the Federal
  Bureau of Investigation. The department [commission] may deny an
  application for a license if the applicant fails to provide two
  complete sets of fingerprints on a form prescribed by the
  department [commission].
         (d)  The issuance of a license by the department [commission]
  is conditioned on the receipt by the department [commission] of the
  applicant's criminal history record information.
         SECTION 8.  Subsection (a), Section 504.156, Occupations
  Code, is amended to read as follows:
         (a)  At least twice each year, the department [commission]
  may prepare and administer or contract with an organization
  approved by the International Certification Reciprocity Consortium
  to prepare and administer an examination to determine the
  qualifications of an applicant for a license under this chapter.
  The examination shall be conducted as determined by the department
  [commission] and in a manner that is fair and impartial to and takes
  into consideration each school or system of chemical dependency
  counseling.
         SECTION 9.  Sections 504.157 through 504.161, Occupations
  Code, are amended to read as follows:
         Sec. 504.157.  EXAMINATION RESULTS; REEXAMINATION.  
  (a)  The department [commission] shall notify each examinee of the
  results of the examination not later than the 45th [30th] day after
  the date the examination is administered.
         (b)  If requested by an applicant who fails the examination,
  the department [commission] shall furnish the applicant with an
  analysis of the applicant's performance on the examination.
         (c)  An applicant who fails the examination may take a
  subsequent examination on payment of the required examination fee.
         (d)  The executive commissioner [commission] by rule shall
  establish the criteria under which an applicant may take a
  subsequent examination under Subsection (c).
         Sec. 504.158.  PROVISIONAL LICENSE.  (a)  The department
  [commission] may issue a provisional license to an applicant who is
  licensed in another state. An applicant for a provisional license
  under this section must:
               (1)  be licensed in good standing as a chemical
  dependency counselor at least two years in another state or country
  that has licensing requirements substantially equivalent to the
  requirements of this chapter;
               (2)  have passed a national or other examination
  recognized by the department [commission] relating to the practice
  of chemical dependency counseling; and
               (3)  be sponsored by a person licensed by the
  department [commission] under this chapter with whom the
  provisional license holder may practice.
         (b)  The department [commission] may waive the requirement
  of Subsection (a)(3) if the department [commission] determines that
  compliance with that subsection would constitute a hardship to the
  applicant.
         (c)  The department [commission] may establish a fee for a
  provisional license in an amount reasonable and necessary to cover
  the cost of issuing the license.
         (d)  A provisional license is valid until the date the
  department [commission] approves or denies the provisional license
  holder's application for a license under Section 504.159.
         Sec. 504.159.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
  HOLDER.  (a)  The department [commission] shall issue a license
  under this chapter to a provisional license holder who satisfies
  the eligibility requirements established by Section 504.152. When
  issuing a license under this subsection, the department
  [commission] may waive the requirements established by Sections
  504.152(6), (7), and (9).
         (b)  The department [commission] shall complete the
  processing of a provisional license holder's application for a
  license not later than the 180th day after the date the provisional
  license is issued. The department [commission] may extend the
  180-day period if the department [commission] has not received
  information necessary to determine whether the applicant is
  eligible for a license as provided by Subsection (a).
         Sec. 504.160.  ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
  APPLICANTS.  (a)  The department [commission] may, on application
  and payment of the appropriate fee, issue a license to a person who
  is licensed or certified by another state as a chemical dependency
  counselor if the department [commission] determines that the
  license or certificate requirements of that state are substantially
  equivalent to the requirements of this chapter.
         (b)  The department [commission] may waive any license
  requirement for an applicant with a license or certificate issued
  by another state with which this state has a reciprocity agreement.
         Sec. 504.161.  CRIMINAL HISTORY RECORD INFORMATION.  
  (a)  The department [commission] may obtain criminal history
  record information as provided by Section 411.1105 [411.132],
  Government Code, [as added by Chapter 18, Acts of the 75th
  Legislature, Regular Session, 1997,] and consider that information
  in determining a person's license, registration, or certification
  status under this chapter.
         (b)  The department [commission] may charge a person on whom
  criminal history record information is sought a fee in an amount set
  by the department [commission] as reasonably necessary to cover the
  costs of administering this section. A fee collected under this
  subsection may be appropriated only to the department [commission]
  to administer this section.
         SECTION 10.  Subsection (a), Section 504.201, Occupations
  Code, is amended to read as follows:
         (a)  A license issued under this chapter expires on the
  second anniversary of the date of issuance. The executive
  commissioner [commission] by rule shall adopt a system under which
  licenses expire on various dates during the year.
         SECTION 11.  Sections 504.202 and 504.2025, Occupations
  Code, are amended to read as follows:
         Sec. 504.202.  NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS
  TO RENEW.  Not later than the 31st day before the expiration date of
  a person's license, the department [commission] shall send to the
  license holder at the license holder's last known address according
  to department [commission] records written notice of:
               (1)  the impending license expiration;
               (2)  the amount of the renewal fee; and
               (3)  any continuing education required to renew the
  license.
         Sec. 504.2025.  CERTAIN GROUNDS FOR REFUSAL TO RENEW
  LICENSE, REGISTRATION, OR CERTIFICATION.  (a)  Except as provided
  by Subsection (b), the department [The commission] shall refuse to
  renew a license, registration, or certification under this chapter
  on receipt of information from the Department of Public Safety or
  another law enforcement agency that the person has been convicted,
  placed on community supervision, or found to be incapacitated as
  described by Section 504.1525.
         (b)  The department may renew a license under this chapter if
  the department determines that the person has successfully
  completed participation in an approved peer assistance program
  subsequent to the conviction or placement on community supervision
  for an offense described by Section 504.1525(b).
         SECTION 12.  Subchapter E, Chapter 504, Occupations Code, is
  amended by adding Section 504.2026 to read as follows:
         Sec. 504.2026.  REFUSAL TO RENEW LICENSE:  ACCESS TO PEER
  ASSISTANCE PROGRAM.  (a)  Except as provided by Subsection (b), the
  department may not renew a license under this chapter unless the
  license holder provides to the department written documentation
  that the license holder has access to an approved peer assistance
  program.
         (b)  The department may waive the requirement of Subsection
  (a) if the department determines that a peer assistance program is
  not reasonably available to the license holder.
         SECTION 13.  Subsections (a), (b), and (c), Section 504.203,
  Occupations Code, are amended to read as follows:
         (a)  A person who is otherwise eligible to renew a license
  may renew an unexpired license by paying the required renewal fee to
  the department [commission] before the expiration date of the
  license.
         (b)  If the person's license has been expired for 90 days or
  less, the person may renew the license by paying to the department
  [commission] a fee in an amount equal to one and one-half times the
  required renewal fee.
         (c)  If the person's license has been expired for more than
  90 days but less than one year, the person may renew the license by
  paying to the department [commission] a fee in an amount equal to
  two times the required renewal fee.
         SECTION 14.  Section 504.204, Occupations Code, is amended
  to read as follows:
         Sec. 504.204.  RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
  PRACTITIONER.  (a)  The department [commission] may renew without
  reexamination an expired license of a person who was licensed in
  this state, moved to another state, and is currently licensed and
  has been in practice in the other state for the two years preceding
  the date the person applies for renewal.
         (b)  The person must pay to the department [commission] a fee
  in an amount equal to two times the required renewal fee for the
  license.
         SECTION 15.  Subsections (a), (b), and (d), Section 504.205,
  Occupations Code, are amended to read as follows:
         (a)  The department [commission] shall recognize, prepare,
  or administer a continuing education program for chemical
  dependency counselors. The executive commissioner [commission] by
  rule shall provide for the administration of the continuing
  education requirements established under this section.
         (b)  As a prerequisite for renewal of a license issued under
  this chapter, a license holder, other than a license holder subject
  to Subsection (c), must participate in the continuing education
  program and complete [at least 60 hours of] continuing education
  hours in each two-year licensing period as follows:
               (1)  40 hours if the license holder holds an associate's
  or bachelor's degree; and
               (2)  24 hours if the license holder holds a master's
  degree or a more advanced degree.
         (d)  Except for the number of hours required, the executive
  commissioner [commission] may not adopt a rule under Subsection (a)
  that distinguishes between the continuing education requirements
  for a license holder subject to Subsection (b) and a license holder
  subject to Subsection (c).
         SECTION 16.  Subsections (b) and (d), Section 504.206,
  Occupations Code, are amended to read as follows:
         (b)  The department [commission] shall recognize, prepare,
  or administer a training component that satisfies the requirement
  of Subsection (a) for use in continuing education for chemical
  dependency counselors.
         (d)  In developing the training component, the department
  [commission shall consult with the Texas Department of Health and]
  may, to the extent appropriate, consider the training course
  relating to hepatitis C developed by the department under Section
  94.002 [93.003], Health and Safety Code[, as added by Chapter 823,
  Acts of the 76th Legislature, Regular Session, 1999].
         SECTION 17.  Subchapter F, Chapter 504, Occupations Code, is
  amended to read as follows:
  SUBCHAPTER F.  DISCIPLINARY PROCEEDINGS
         Sec. 504.251.  GROUNDS FOR LICENSE, REGISTRATION, OR
  CERTIFICATION DENIAL OR DISCIPLINARY ACTION.  The department
  [commission] shall refuse to issue a license, registration, or
  certification issued by the department to an applicant, refuse to
  renew a license, registration, or certification holder's license,
  registration, or certification issued by the department, or take
  disciplinary action against the holder of a license, registration,
  or certification issued by the department [holder] if the applicant
  or license, registration, or certification holder:
               (1)  violates or assists another to violate this
  chapter or a rule adopted under this chapter;
               (2)  circumvents or attempts to circumvent this chapter
  or a rule adopted under this chapter;
               (3)  directly or indirectly participates in a plan to
  evade this chapter or a rule adopted under this chapter;
               (4)  has a license to practice chemical dependency
  counseling in another jurisdiction refused, suspended, or revoked
  for a reason that the department [commission] determines would
  constitute a violation of this chapter or a rule adopted under this
  chapter;
               (5)  engages in false, misleading, or deceptive conduct
  as defined by Section 17.46, Business & Commerce Code;
               (6)  engages in conduct that discredits or tends to
  discredit the profession of chemical dependency counseling;
               (7)  directly or indirectly reveals a confidential
  communication made to the person by a client or recipient of
  services, except as required by law;
               (8)  refuses to perform an act or service the person is
  licensed, registered, or certified to perform under this chapter on
  the basis of the client's or recipient's age, sex, race, religion,
  national origin, color, or political affiliation; or
               (9)  commits an act for which liability exists under
  Chapter 81, Civil Practice and Remedies Code.
         Sec. 504.252.  DISCIPLINARY POWERS OF DEPARTMENT
  [COMMISSION].  (a)  On a determination that grounds exist to deny a
  license, registration, or certification issued by the department or
  license, registration, or certification renewal issued by the
  department or to take disciplinary action against the holder of a
  license, registration, or certification issued by the department
  [holder], the department [commission] may:
               (1)  refuse to issue or renew a license, registration,
  or certification;
               (2)  revoke or suspend a license, registration, or
  certification;
               (3)  place on probation a license, registration, or
  certification holder whose license, registration, or certification
  is suspended; or
               (4)  reprimand a license, registration, or
  certification holder.
         (b)  If the department [commission] places on probation a
  license, registration, or certification holder whose license,
  registration, or certification issued by the department is
  suspended, the department [commission] may require the license,
  registration, or certification holder to:
               (1)  report regularly to the department [commission] on
  matters that are the basis of the probation;
               (2)  limit practice to the areas prescribed by the
  department [commission]; or
               (3)  continue or review professional education until
  the license, registration, or certification holder attains a degree
  of skill satisfactory to the department [commission] in the areas
  that are the basis of the probation.
         Sec. 504.2525.  SUMMARY LICENSE, REGISTRATION, OR
  CERTIFICATION SUSPENSION.  (a)  The department [commission] shall
  suspend the license, registration, or certification issued by the
  department of a license, registration, or certification holder if
  the department [commission] receives written notice from the
  Department of Public Safety or another law enforcement agency that
  the license, registration, or certification holder has been
  charged, indicted, placed on deferred adjudication, community
  supervision, or probation, or convicted of an offense described by
  Section 504.1525.
         (b)  To initiate a proceeding to take action under Subsection
  (a), the department [commission] must serve notice on the license,
  registration, or certification holder. The notice must:
               (1)  state the grounds for summary suspension; and
               (2)  be personally served on the license, registration,
  or certification holder or sent to the license, registration, or
  certification holder by certified or registered mail, return
  receipt requested, to the license, registration, or certification
  holder's mailing address as it appears in the department's
  [commission's] records.
         (c)  The suspension is effective at the time notice is
  served. The license, registration, or certification holder is
  entitled to appeal the suspension as provided by Section 504.255.
         Sec. 504.253.  COMPLAINT AND INVESTIGATION.  (a)  A person
  may file a complaint with the department [commission] alleging a
  violation of this chapter. The complaint must be in writing and
  under oath.
         (b)  The department [commission] shall provide to the person
  filing the complaint and to each person or entity that is the
  subject of the complaint the department's [commission's] policies
  and procedures pertaining to complaint investigation and
  resolution.
         Sec. 504.254.  RIGHT TO ADMINISTRATIVE HEARING.  (a)  If the
  department [commission] proposes to suspend, revoke, or refuse to
  renew a person's license, registration, or certification issued by
  the department, the person is entitled to a hearing conducted by the
  State Office of Administrative Hearings.
         (b)  Procedures for disciplinary action are governed by
  Chapter 2001, Government Code. Rules of practice adopted by the
  executive commissioner [commission] under Section 2001.004,
  Government Code, applicable to the proceedings for a disciplinary
  action may not conflict with rules adopted by the State Office of
  Administrative Hearings.
         Sec. 504.255.  APPEAL OF CERTAIN [LICENSE] DENIALS, REFUSALS
  TO RENEW, AND SUSPENSIONS.  (a)  A person whose license,
  registration, or certification application is denied under Section
  504.1525, whose license, registration, or certification renewal is
  refused under Section 504.2025, or whose license, registration, or
  certification is suspended under Section 504.2525 may appeal the
  denial, refusal to renew, or suspension on the grounds that:
               (1)  the sole basis for the department's [commission's]
  determination is a conviction or placement on community supervision
  for an offense described by Section 504.1525; and
               (2)  sufficient time, as determined by executive
  commissioner [commission] rule, has expired since the date of the
  conviction or placement.
         (b)  A proceeding under this section is governed by Chapter
  2001, Government Code.
         (c)  After a hearing under this section, the department
  [commission] may determine that the person is entitled to a
  license, registration, or certification under this chapter.
         SECTION 18.  Sections 504.301 and 504.303 through 504.307,
  Occupations Code, are amended to read as follows:
         Sec. 504.301.  IMPOSITION OF PENALTY.  The department
  [commission] may impose an administrative penalty on a person who
  violates this chapter or a rule adopted under this chapter.
         Sec. 504.303.  NOTICE OF VIOLATION AND PENALTY.  If, after
  investigation of a possible violation and the facts surrounding the
  possible violation, the department [commission] determines that a
  violation occurred, the department [commission] shall give written
  notice of the violation to the person alleged to have committed the
  violation. The notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the proposed administrative
  penalty; and
               (3)  inform the person of the person's right to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         Sec. 504.304.  PENALTY TO BE PAID OR HEARING REQUESTED.  
  (a)  Not later than the 20th day after the date the person receives
  the notice under Section 504.303, the person may:
               (1)  accept the department's [commission's]
  determination and proposed administrative penalty; or
               (2)  make a written request for a hearing on that
  determination.
         (b)  If the person accepts the department's [commission's]
  determination, the commissioner [executive director] or the
  commissioner's [executive director's] designee by order shall
  approve the determination and assess the proposed penalty.
         Sec. 504.305.  HEARING.  (a)  If the person requests a
  hearing in a timely manner, the department [commission] shall set a
  hearing and give written notice of the hearing to the person.
         (b)  The department [commission] may employ a hearings
  examiner for this purpose.
         (c)  The hearings examiner shall:
               (1)  make findings of fact and conclusions of law; and
               (2)  promptly issue to the commissioner [executive
  director] or the commissioner's [executive director's] designee a
  proposal for decision as to the occurrence of the violation and the
  amount of any proposed administrative penalty.
         Sec. 504.306.  DECISION BY DEPARTMENT [COMMISSION].  
  (a)  Based on the findings of fact, conclusions of law, and
  recommendations of the hearings examiner, the commissioner
  [executive director] or the commissioner's [executive director's]
  designee by order may determine that:
               (1)  a violation occurred and assess an administrative
  penalty; or
               (2)  a violation did not occur.
         (b)  The department [commission] shall give notice of the
  order to the person. The notice must include:
               (1)  separate statements of the findings of fact and
  conclusions of law;
               (2)  the amount of any penalty assessed; and
               (3)  a statement of the person's right to judicial
  review of the order.
         Sec. 504.307.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  
  (a)  Not later than the 30th day after the date the department's
  [commission's] order becomes final, the person shall:
               (1)  pay the administrative penalty;
               (2)  pay the penalty and file a petition for judicial
  review contesting the fact of the violation, the amount of the
  penalty, or both; or
               (3)  without paying the penalty, file a petition for
  judicial review contesting the fact of the violation, the amount of
  the penalty, or both.
         (b)  Within the 30-day period, a person who acts under
  Subsection (a)(3) may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving to the court a supersedeas bond
  approved by the court that:
                           (i)  is for the amount of the penalty; and
                           (ii)  is effective until judicial review of
  the order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  giving a copy of the affidavit to the
  department [commission] by certified mail.
         (c)  If the department [commission] receives a copy of an
  affidavit under Subsection (b)(2), the department [commission] may
  file with the court a contest to the affidavit not later than the
  fifth day after the date the copy is received.
         (d)  The court shall hold a hearing on the facts alleged in
  the affidavit as soon as practicable and shall stay enforcement of
  the penalty on finding that the alleged facts are true. The person
  who files an affidavit has the burden of proving that the person is
  financially unable to pay the penalty and to give a supersedeas
  bond.
         SECTION 19.  Section 504.310, Occupations Code, is amended
  to read as follows:
         Sec. 504.310.  COLLECTION OF PENALTY.  (a)  In this section,
  "reasonable expenses and costs" includes expenses incurred by the
  department [commission] and the attorney general in the
  investigation, initiation, or prosecution of an action, including
  reasonable investigative costs, court costs, attorney's fees,
  witness fees, and deposition expenses.
         (b)  If the person does not pay the administrative penalty
  and the enforcement of the penalty is not stayed under Section
  504.307, the department [commission] may refer the matter to the
  attorney general for collection of the penalty.
         (c)  The department [commission] may assess reasonable
  expenses and costs against a person in an administrative hearing
  if, as a result of the hearing, an administrative penalty is
  assessed against the person. The person shall pay expenses and
  costs assessed under this subsection not later than the 30th day
  after the date the order of the commissioner [executive director]
  or the commissioner's [executive director's] designee requiring the
  payment of expenses and costs is final. The department
  [commission] may refer the matter to the attorney general for
  collection of expenses and costs.
         (d)  If the attorney general brings an action against a
  person to enforce an administrative penalty assessed under this
  chapter and the person is found liable for the administrative
  penalty, the attorney general may recover, on behalf of the
  attorney general and the department [commission], reasonable
  expenses and costs.
         SECTION 20.  Subsections (a) and (b), Section 504.351,
  Occupations Code, are amended to read as follows:
         (a)  If it appears that a person has violated, is violating,
  or is threatening to violate this chapter or a rule adopted under
  this chapter, the department [commission] or the attorney general
  at the request of the department [commission] may institute an
  action in district court for an injunction, a civil penalty, or
  both.
         (b)  On application for injunctive relief and a finding that
  a person is violating or threatening to violate this chapter or a
  rule adopted under this chapter, the district court may grant
  injunctive relief as the facts warrant. The department
  [commission] is not required to give an appeal bond in an appeal of
  an action seeking injunctive relief under this section.
         SECTION 21.  Subdivisions (1), (2), and (5), Section
  467.001, Health and Safety Code, are amended to read as follows:
               (1)  "Approved peer assistance program" means a program
  that is designed to help an impaired professional and that is:
                     (A)  established by a licensing or disciplinary
  authority; or
                     (B)  approved by a licensing or disciplinary
  authority as meeting the criteria established by the department
  [Texas Commission on Alcohol and Drug Abuse] and any additional
  criteria established by that licensing or disciplinary authority.
               (2)  "Department" means the Department of State Health
  Services ["Commission" means the Texas Commission on Alcohol and
  Drug Abuse].
               (5)  "Professional" means an individual who:
                     (A)  may incorporate under The Texas Professional
  Corporation Act (Article 1528e, Vernon's Texas Civil Statutes); or
                     (B)  is licensed, registered, certified, or
  otherwise authorized by the state to practice as a licensed
  vocational nurse, social worker, chemical dependency counselor,
  occupational therapist, speech-language pathologist, audiologist,
  licensed dietitian, or dental or dental hygiene school faculty
  member.
         SECTION 22.  Section 467.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 467.003.  PROGRAMS.  (a)  A professional association or
  licensing or disciplinary authority may establish a peer assistance
  program to identify and assist impaired professionals in accordance
  with the minimum criteria established by the department
  [commission] and any additional criteria established by the
  appropriate licensing or disciplinary authority.
         (b)  A peer assistance program established by a professional
  association is not governed by or entitled to the benefits of this
  chapter unless the association submits evidence to the appropriate
  licensing or disciplinary authority showing that the association's
  program meets the minimum criteria established by the department
  [commission] and any additional criteria established by that
  authority.
         (c)  If a licensing or disciplinary authority receives
  evidence showing that a peer assistance program established by a
  professional association meets the minimum criteria established by
  the department [commission] and any additional criteria
  established by that authority, the authority shall approve the
  program.
         (d)  A licensing or disciplinary authority may revoke its
  approval of a program established by a professional association
  under this chapter if the authority determines that:
               (1)  the program does not comply with the criteria
  established by the department [commission] or by that authority;
  and
               (2)  the professional association does not bring the
  program into compliance within a reasonable time, as determined by
  that authority.
         SECTION 23.  Section 411.1105, Government Code, is amended
  to read as follows:
         Sec. 411.1105.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  DEPARTMENT OF STATE HEALTH SERVICES [TEXAS COMMISSION
  ON ALCOHOL AND DRUG ABUSE].  (a)  The Department of State Health
  Services [Texas Commission on Alcohol and Drug Abuse] is entitled
  to obtain from the department criminal history record information
  maintained by the department that relates to a person who is:
               (1)  an applicant for a chemical dependency counselor's
  license, a counselor intern's registration, or a clinical
  supervisor certification under Chapter 504, Occupations Code; or
               (2)  the holder of a license, registration, or
  certification under that chapter.
         (b)  In addition to information obtained from the Federal
  Bureau of Investigation under Section 411.087, the Department of
  State Health Services [Texas Commission on Alcohol and Drug Abuse]
  is entitled to obtain information relating to the wanted persons
  status of an individual listed in Subsection (a).
         (c)  Criminal history record information obtained by the
  Department of State Health Services [Texas Commission on Alcohol
  and Drug Abuse] under Subsection (a) may not be released or
  disclosed to any person except on court order, with the consent of
  the person who is the subject of the criminal history record
  information, or as provided by Subsection (d).
         (d)  The Department of State Health Services [Texas
  Commission on Alcohol and Drug Abuse] may provide the applicant or
  licensee with a copy of the person's criminal history record
  information obtained from the Department of Public Safety, Federal
  Bureau of Investigation identification division, or another law
  enforcement agency.
         SECTION 24.  Section 504.154, Occupations Code, is repealed.
         SECTION 25.  (a)  Not later than May 1, 2008, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules and the Department of State Health Services shall
  adopt the procedures necessary to implement the changes in law made
  by this Act.
         (b)  The Department of State Health Services shall approve
  one or more peer assistance programs as required under Section
  504.057, Occupations Code, as added by this Act, not later than
  September 1, 2008, provided that applicants for approval under that
  section meet the criteria established by the department.
         (c)  Section 504.1521, Occupations Code, as added by this
  Act, and Section 504.1525, Occupations Code, as amended by this
  Act, apply only to an initial license application filed on or after
  September 1, 2008. An initial license application filed before
  that date is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose for the initial license application.
         (d)  The changes in law made by this Act to Section 504.2025,
  Occupations Code, apply only to a renewal application filed on or
  after September 1, 2008. A renewal application filed before that
  date is governed for that renewal term by the law in effect on the
  date the renewal application was filed, and the former law is
  continued in effect for that purpose. A subsequent renewal
  application filed on or after the date of expiration of that license
  renewal term is subject to the changes in law made by this Act to
  Section 504.2025, Occupations Code.
         SECTION 26.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2007.
         (b)  Sections 504.1521 and 504.2025, Occupations Code, as
  added by this Act, take effect September 1, 2008.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 155 passed the Senate on
  April 26, 2007, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 24, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 155 passed the House, with
  amendment, on May 23, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor